Loading...
HomeMy WebLinkAboutContract 43342 (2)CITY OF FORT WORTH, TEXAS _ NO ACRETARY STANDARD AGREEMENT FOR PROFESSIONAL SE VICES This AGREFIVIENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Wilson Associates, VE, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Hemphill Street Value Engineering Study. Article Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the Hemphill Street Value Engineering Study. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $49,857.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 1 of 8 tallEr OFEUICIAL RECORD CITY SECRETARY FT. !ORTM, TX 06-22-1 2 Al 1 :58 IN Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 120 calendar days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant s exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation p Coverage A: statutory limits Coverage B $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department Attention: Michael Weiss, RE , 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant s insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access dunng normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 5 of 8 Article X Minority and Women Business Enterprise (M/WBE) Participation In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("MNVBE') in City contracts. Consultant acknowledges the MNVBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 6 of 8 Article XIV S everability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV N otices N otices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Transportation and Public Works Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Wilson Associates VE, Inc. Attn: Earl C. Wilson, PE, CVS 4029 El Cid Place Fort Worth, TX 76133 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the �( day o BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date 6/'ZZ/IZ AI'PRO\1AL RECOMMENDED: By: Douglas . Wiersig, P.E. Director? Transportation Department ublic Works Date: APPROVED AS TO FORM AND LEGALITY M&C No.: By: Dou• tasrW. Black Assistant City Attorney dizeatr ATTEST: Mary J . Kay City Secreta City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 8 of 8 f oQo° � J A p©,., M&C Date: K2012. BY: ENGINEER Wilson Associates VE, Inc. Cc C.tu; Earl C Wilson, P.E., CVS Executive Vice President / C / OFFU©IAL RECORD MTV SECRETARY C�-fi � NORTH, TX Client: Consultant: Services: Project: Project Location: Project Designer. ATTACHMENT "A" SCOPE OF SERVICES City of Fort Worth, Texas (hereinafter referred to as the City) Wilson Assoc. VE, Inc. (hereinafter referred to as WAVE) Value Engineering Study Lamar Hemphill Project Fort Worth, Texas TranSystems, Inc. (hereinafter referred to as TS) VALUE ENGINEERING JOB PLAN Value engineering (VE) is a process consisting of the systematic application of analytical, creative and evaluation techniques in a multi -disciplinary team setting where the focus is on achieving the required functions, performance and quality while maximizing value. WAVE will use a VE Job Plan that is consistent with the SAVE International Value Methodology Standard. ***Following this Job Plan for the VE study will satisfy any Federal requirements for VE on this project***. WORK TO BE PERFORMED WAVE will provide the following services in accordance with this scope of services and the terms of the Agreement. Pre -workshop Activities WAVE will perform pre -workshop activities to include those tasks which must be accomplished in order for the VE team to be able to efficiently and effectively perform in the workshop These activities will consist of. • scheduling study tasks • scheduling and coordination with WAVE provided VE team members • assisting the City with scheduling study participants • coordination of the necessary documentation on the project for distribution to the VE team members 1 SCOPE OF SERVICES • compiling project data into a cost model(s) • document review Scheduling Study Participants The VE team members will come from a combination of the City, WAVE, Burns McDonnell, and contractors. WAVE will assist the City in identifying candidate team members for the workshop. WAVE will work cooperatively with the City to make final selection of individuals to fulfill the desired discipline roles. WAVE will be responsible for all contractual and payment issues with WAVE provided team members. WAVE will communicate directly with all team members relative to scheduling, pre -workshop, workshop and post workshop activities. Cost Models If the cost estimate and other appropriate information is provided prior to the workshop, WAVE will develop a cost model(s) which will convey to the team members which project elements or features or functions are driving the cost of the project These models will be used during the VE workshop to help focus the team on those aspects of the project consuming the greatest shares of the total project cost. Document Review WAVE will distribute the project documents to be studied to the VE team members. These documents should be distributed a minimum of one week prior to the workshop start. The team members will be instructed by WAVE to spend up to eight (8) hours reviewing these documents in advance of the workshop The VE team cost estimator will be instructed by WAVE to spend up to twelve (12) hours reviewing and validating project costs in advance of the workshop. Workshop WAVE will conduct the value engineering workshop using a job plan that is consistent with the practices and procedures recognized by SAVE International. This job plan will include a twenty-four hour workshop. The workshop will include an Information Phase a Function Analysis Phase, a Creative Phase, an Evaluation Phase a Development Phase, and a Presentation Phase. The workshop will be initiated by presentations from the City who will describe the objectives of these projects and any constraints that will be placed on the VE study. The project design team will explain specifically how the design accomplishes the City's objectives and the details of that design. The workshop will include a complete function analysis of the major project elements. The team will generate a list of ideas for project improvement followed by an evaluation of those ideas. This evaluation will include input from key the City decision makers before proceeding with development of recommendations. On the last day of the workshop, a presentation of the recommendations will be provided to the City decision makers. 2 SCOPE OF SERVICES The workshop will be held in City Hall, Fort Worth, TX. Presentations To make sure the VE team has complete information about the project criteria, the City will provide at a minimum, the City Project Manager and appropriate members of the design team for the first day and last day presentations as well as the mid -point review meeting. Site Visit A site visit will be conducted on the afternoon of the first day of the workshop. This site visit will be attended by the VE team, the City representatives, and representatives of the design team. Post Workshop Implementation Meeting (NOT SCHEDULED) WAVE will conduct a four (4) hour post -workshop Implementation Meeting, at the City's offices, following review of the Preliminary Report by the City and TS. TS will provide WAVE and the City with written responses documenting the reasons for acceptance or rejection for all VE recommendations. These responses will be reviewed and a meeting scheduled between the WAVE VE Team Leader the City, TS, and any other stakeholders deemed appropriate by the City. The purpose of the Implementation Meeting will be to discuss each recommendation and to help the City reach decisions about whether or not to incorporate the recommendations into the design. Workshop Logistics WAVE will provide: • Laptop projector • Drawing tools for developing recommendations the City will provide at no cost to WAVE* • the workshop room • easy access to a telephone, copy machine, and a facsimile machine VE STUDY TEAM The VE Study Team for this workshop will include up to fifteen team members. WAVE is responsible for providing the VE Team Leader. WAVE will also provide team members for the disciplines specified below. The City will provide additional team members for the disciplines specified below. 3 SCOPE OF SERVICES VE Team Leader The VE Team Leader will be both a certified value specialist (CVS) and a registered professional engineer (PE) To assist with team management and to assure maximum effectiveness of the team activities, WAVE will also provide a VE Team Assistant during the workshop to assist with administrative activities and to begin preparation of the study report. This will improve the VE Team's effectiveness and expedite the report delivery. VE Team Members WAVE will provide team members for the following disciplines: • • • • Geotechnical Engineer Rail Engineer Cut and Cover Specialist Cost Engineer the City will provide team members for the following disciplines at no cost to WAVE: • Drainage Engineer The specific individuals provided will be identified and selected jointly by the WAVE VE Team Leader and the City Project Manager. In general, these will be individuals not previously associated with the project development. DELIVERABLES This VE study effort will include three deliverables, all of which are related to the results of the workshop These deliverables are: • Preliminary VE Study Report • Draft VE Study Report • Final VE Study Report Preliminary VE Study Report The Preliminary VE Study Report will be a compilation of the handwritten products developed in the workshop. This report will include all of the VE recommendations and design suggestions developed by the VE team during the workshop 4 SCOPE OF SERVICES Draft VE Study Report The purpose of this draft report is to give the City Project Manager and other appropriate reviewers the opportunity to provide input to the final report. This document will be, in the opinion of WAVE, equivalent to the Final VE Study Report. The City will provide written comments in compliance with the attached schedule. If comments are not received by the specified due date, WAVE will proceed with preparation of the final report. Final VE Study Report This report is the final documentation of the VE study. The report is a finalized version of the Draft VE Study Report including the incorporation of the City s comments The cover of the report will clearly indicate the project title, that it is the Final VE Study Report, and the date of the report. The submittal of this report concludes the VE study effort. Number of Reports WAVE will provide the City with the following number of copies of each report: Preliminary VE Study Report 1 Draft VE Study Report 2 Final VE Study Report 4 SCHEDULE This value engineering study will be conducted in accordance with the following schedule. *** Schedule can he either sequentially tied to the previous activity or assign specific dates. *** Notice to Proceed Organization Phone Calls WAVE to Distribute Documents VE Workshop Submit Preliminary VE Study Report Written Responses to WAVE Implementation Meeting (not scheduled) Submit Draft VE Study Report Comments on Draft VE Study Report Submit Final VE Study Report 5 ATTACHMENT B FEE PROPOSAL FOR VALUE ENGINEERING STUDY Estimated 19 June 2012 Discipline CVS Team Leader Cost Estimator Administrative Asst Geotech BRIDGEFARMER Rail Engineer Cut & Cover Spec. Drainage Spec. TRANSYSTEMS Project Manager Bridge Engineer Railroad Engineer Reimbursable Expenses VE Guidelines Hemphill Lamar Connection Fort Worth, TX Name E. Wilson, PE, CVS-Life Steve Tennyson J. Wilson Whitney Smith,. P.G., P.E. Larry Lumm !Stephen Smiley I Hank Amen Raul Pena Mike Brown Joe Masterson Unit EA No. of Hours 80 36 56 32 Rate/Hour Total Fee 32 I $ 40 I $ 0 I$ j 12 I $ 8 I$ 8 I$ 304 173.14 $ 125.77 $ 68.09 $ 180.00 $ 225.00 I $ 180.00 I $ 165.00 j $ 200.00 I $ 180.00 I $ 180.00 I $ I$ Unit Cost Quantity $ 25.00 0 $ Pre -Final VE Report Final VE Report incl CD LS $ 50.00 2 EA $ 50.00 4 Pre -final and final VE report Shipping/Delivery LS $ 15.00 6 R/T Dallas, TX to Ft Worth, TX (Tennyson) 3X 13,851.20 4,527.72 3,813.04 5,760.00 7,200.00 7,200.00 2,400.00 1,440.00 1,440.00 47,631.96 Total Exp. $ 100.00 $ 200.00 $ 90.00 MI $ 0.555 300 BRIDGEFARMER $ 166.50 Per Diem, Ft Worth, TX (S. Smiley) EA $ 60.00 9 $ 540.00 Hotel, Ft Worth, TX (S. Smiley) EA $ 120.00 2 R/T Austin, TX to Ft Worth, TX (S. Smiley) R/T Dallas, TX to Ft Worth, TX (L. Lumm) 3X $ 240.00 MI $ 0.555 400 MI $ 0.555 300 Per Diem, Ft Worth, TX (L. Lumm) Per Diem, Ft Worth, TX (H. Amen) $ 222.00 $ 166.50 EA $ 60.00 0 $ EA $ 60.00 0 $ TRANSYSTEMS TS-Printing contractual documents WAVE -Shipping contractual documents TOTAL PROPOSED FEE + EXPENSES: Discipline VE Team Leader Cost Estimator Admin Asst Geotech Cut & Cover Spec. Railroad Engineer Drainage Spec TS-Protect Mgr TS-Bridge Engineer TS- Rail Engineer TOTAL EA $ 60.00 5 $ 300.00 EA $ 50.00 4 $ 200.00 FEE PROPOSAL FOR VALUE ENGINEERING STUDY Estimated 19 June 2012 Hemphill Lamar Connection Fort Worth, TX Travel time Pre Study 0 0 0 0 8 0 0 0 0 0 16 12 8 8 8 8 0 0 0 0 8 i 60 Study Ft Worth, TX 24 24 16 24 24 24 0 12 8 8 164 Post Study 40 0 32 0 0 0 0 0 0 0 72 $ 2,225.00 $ 49,856.96 ASSUMPTIONS: Assume three day VES @ TranSystem's office in Ft Worth, TX. VE report will be completed in Fort Worth at WAVE's office. The report will be in PDF printable on two sides. TranSystems to fumish documents and cost estimate. All VE cost estimating work to be in Microsoft Excel with line item unit pricing at installed subcontractor level (no separated labor, materials and equipment) and applicable markups. Preparation of baseline cost estimate is excluded from this project scope. VE study dates TBD - tentatively set for June 2012. Total 80 36 56 32 40 32 0 12 8 8 304 1 of l ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Hemphill Street Value Engineering Study City Project No. 00140 Article VI Insurance Automobile Liability is $600,000 each accident. Worker's Compensation shall be maintained, as applicable. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1